CHAPTER 106
HOUSE BILL NO. 1498
(Representatives B. Koppelman, K. Koppelman, Marschall, Paulson, D. Ruby)
(Senators Clemens, Kannianen, Lemm, Myrdal, Vedaa)
AN ACT to create and enact a new section to chapter 62.1-02 of the North Dakota Century Code, relating to brandishing a dangerous weapon; and to amend and reenact sections 12.1-05-06, 12.1-05-07, and 12.1-05-07.2 of the North Dakota Century Code, relating to use of force in defense of property, limits on the use of force and deadly force, and immunity from civil liability.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-05-06 of the North Dakota Century Code is amended and reenacted as follows:
12.1-05-06. Use of force in defense of premises and property.
Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property{{strikethrough, if the person using such force first requests the person against whom such force is to be used to desist from his interference with the premises or property, except that a request is not necessary if it would be useless or dangerous to make the request or substantial damage would be done to the property sought to be protected before the request could effectively be made.}}
SECTION 2. AMENDMENT. Section 12.1-05-07 of the North Dakota Century Code is amended and reenacted as follows:
12.1-05-07. Limits on the use of force - Excessive force - Deadly force.
1. An individual is not justified in using more force than is necessary and appropriate under the circumstances.
2. Deadly force is justified in the following instances:
a. When it is expressly authorized by law or occurs in the lawful conduct of war.
b. When used in lawful self-defense, or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury, or the commission of a felony involving violence. The use of deadly force is not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. An individual seeking to protect another individual must, before using deadly force, try to cause the other individual to retreat, or otherwise comply with the requirements of this provision, if safety can be obtained thereby. However, the duty to retreat or avoid force does not apply under the following circumstances:
